PHOTOS: Same-Sex Weddings Continue in Wis.

By Sunnivie Brydum

Originally published on June 09 2014 4:20 PM ET

Same-sex couples in Wisconsin can continue applying for — and in some counties, receiving — marriage licenses, as a federal judge who struck down the state's ban on same-sex marriage Friday refused to put her decision on hold in a hearing today. 

Hundreds of same-sex couples have married in Wisconsin since U.S. District Court Judge Barbara Crabb's Friday ruling striking down the ban, reports the Associated Press. Crabb's ruling found that Wisconsin's 2006 voter-approved constitutional amendment prohibiting same-sex marriage violated the U.S. Constitution, but also asked the American Civil Liberties Union, which represented the eight same-sex couples filing suit, to clarify which parts of state law the ACLU wanted suspended. The judge gave the ACLU until June 16 to respond to that request for clarification. 

In a hearing in federal court today, Crabb rejected the state's request for an emergency stay, filed by Wisconsin's Republican attorney general, J.B. Van Hollen, who has also appealed the initial ruling to the U.S. Court of Appeals for the Seventh Circuit, seeking a stay from that higher court as well. Crabb refused to place her ruling on hold until after she sees a response from the ACLU, according to the AP. She set the next hearing for June 19.

Also, she said that if the state wishes to stop the issuance of marriage licenses to same-sex couples, it should appeal that matter to a state court. "I never said anything about whether any county clerk could go forward and issue a marriage license," she told state attorneys, according to the Milwaukee Journal Sentinel. "That hasn't been decided." That led Van Hollen to assert that the anti-marriage equality law remains in effect, but officials in some counties contended they have the right to issue the licenses.

So, for now, same-sex couples in several Wisconsin counties can apply for marriage licenses, though the time period in which couples can legally wed varies by county. Wisconsin law usually prescribes a five-day waiting period between when couples receive their marriage license and when they can be married, but clerks in Milwaukee and Dane counties — the latter of which includes the state capital, Madison —waived that requirement for same-sex couples over the weekend, the AP reports.  

Joining Milwaukee and Dane counties in issuing licenses to same-sex couples are clerks in Brown County, which includes Green Bay; Outagamie County; Rock County; Kenosha County; and Waukesha County, according to the AP. 

However, clerks in La Crosse and St. Croix counties are not issuing licenses to same-sex couples, saying they are awaiting formal guidance from the state on how to proceed in the wake of Crabb's ruling. 

Watch a report from Minnesota's WCCO on the marriages and the county confusion below, then see photos from this weekend's ceremonies.





Dane Co. Judge Rhonda Lanford: "Marriage is legal in the state of Wisconsin. We'll marry as many people as we can."

— John Nichols (@NicholsUprising) June 9, 2014

So many families! So many weddings! Marriage Equality Weekend in Wisconsin. The future on now.

— John Nichols (@NicholsUprising) June 8, 2014

Storify: Wisconsin's gay marriage ban is overturned

— Nick Heynen (@NickHeynen) June 7, 2014

In conservative Waukesha County WI, Clerk Kathleen Novack has begun issuing marriage licenses to same-sex couples.

— John Nichols (@NicholsUprising) June 9, 2014

History will not be kind to WI clerks who deny marriage licenses. But it will honor those who respect love & the law.

— John Nichols (@NicholsUprising) June 9, 2014

Love Wins in Wisconsin! As of late Saturday count is Milwaukee Co: 146 licenses issued. Dane Co: 129 licenses issued.

— John Nichols (@NicholsUprising) June 7, 2014

In 24 hours since Judge Barbara Crabb ruled Wisconsin marriage ban unconstitutional, 250+ same-sex couples have wed.

— John Nichols (@NicholsUprising) June 7, 2014

68 marriage licenses in Milwaukee + 61 in Madison = Marriage Equality in Wisconsin. Clerk offices open @ 9 Saturday.

— John Nichols (@NicholsUprising) June 7, 2014

1st Madison couple married on WI Equality Day: Shari Roll & Renee Currie. "We wanted to get married where we live."

— John Nichols (@NicholsUprising) June 7, 2014